Does her adverse possession of house lead to full ‘ownership’? Can I transfer my 1/2-share to my children now w/o her co-sign?

toy house on a wooden table

Does her adverse possession of house lead to full ‘ownership’? Can I transfer my 1/2-share to my children now w/o her co-sign?

My common-law partner and I co-own a house, free and clear, each in our own family name. She is now in adverse possession of the house and I’m living expatriate for the past several years, so we are no longer common-law married, and no longer in communication or accord. Our adult children are still living with her. She wants them gone, so she can sell the house and ‘move on with her life’. Yeah… So my strategy is to keep the children in a rent-free space to protect their earnings, until either her or my demise. I’m paying the property taxes so she can’t claim abandonment, and my will divides my 1/2-share into equal shares for the children.

Traffic Lawyer Richard Simon’s Answer

I need more facts to answer your question because I am doubting she has reached the period to adversely posses the land. Also you can go back to the house and then give her permission to stay there destroying her adverse possession claim.

Comments are closed for this post.